Land to the Rear of 58 Penywern Road, SW5 9SX, London

Planning appeal 3305591 at Land to the Rear of 58 Penywern Road, SW5 9SX, London (Royal Borough of Kensington and Chelsea) was dismissed on 14 December 2022 by Inspector Burnham T, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the Character and appearance of the Earls Court Square Conservation Area with particular regard to any impact on the adjacent London Plane tree and with regard to the design, scale, massing and position of the proposed house.

One-bed, one-person single storey house set around a courtyard

Authority: Royal Borough of Kensington and Chelsea
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: residential · Minor Dwellings
Inspector: Burnham T
Postcode: SW5 9SX

Main issues, as the Inspector framed them

The effect of the proposal on the Character and appearance of the Earls Court Square Conservation Area with particular regard to any impact on the adjacent London Plane tree and with regard to the design, scale, massing and position of the proposed house.
The effect of the proposal on the living conditions of future occupiers of the house with particular regard to the useability of the courtyard.

What decided it

The real risk of decline and loss of the London Plane tree causing less than substantial harm to the Conservation Area, which was not outweighed by the public benefits of the small-scale scheme.

The less than substantial harm to the significance of the Conservation Area from the risk of tree loss was not outweighed by the public benefits (housing contribution, sustainability of location, limited economic benefits and visual improvement).

What the Inspector cited

Development plan policies: Policy CR6Policy CL3Policy CL11Policy CH3Policy D6
National Planning Policy Framework: Paragraph 202Paragraph 11

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Royal Borough of Kensington and Chelsea

The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.